Judgment

BHAGWATI, J. :- The appellants, who were accused Nos. 1 to 3 in the Trial before the Additional Sessions Judge, Satara, were charged under Section 302 read with Sec. 34 of the Indian Penal Doe for the offences of intentionally causing the death of one Malhari (hereinafter referred to as the deceased) and Section 324 read with Section 34 of the Indian Penal Code for the offences of voluntarily causing hurt to one Babu Shaikh. The charge was sought to be substantiated by three categories of evidence : (1) evidence of Hiralal Sutar and Babu Shaikh,both of whom claimed to be eye-witnesses to the incident resulting in the death of the deceased and injuries to Babu Shaikh : (2) evidence of dying declarations made by the deceased before Dinkar Khunte and Police Patil Madhavrao Dhayagude : and (3) evidence of recovery of bloodstained clothes from accused Nos. 1, 2 and 3. The learned Additional Sessions Judge was not satisfied with this evidence and taking the view that it suffered from considerable discrepancies and improbabilities, he acquitted all the accused. The State preferred an appeal against the acquittal and the High Court, which heard the appeal, came to the conclusion, o